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HONEYWELL INTERN., INC. v. U.S.

No. 2008-5181.

596 F.3d 800 (2010)

HONEYWELL INTERNATIONAL, INC., and Honeywell Intellectual Properties, Inc., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and Lockheed Martin Corporation, Defendant-Appellee, and L-3 Communications Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 18, 2010.

Attorney(s) appearing for the Case

Lawrence J. Gotts, Paul, Hastings, Janofsky & Walker LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Elizabeth Miller Roesel. Of counsel on the brief was Richard G. Taranto, Farr & Taranto, of Washington, DC.

Christopher L. Crumbley, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, John J. Fargo, Director, and Trevor M. Jefferson, Attorney.

Thomas J. Madden, Venable LLP, of Washington, DC, for defendant-appellee Lockheed Martin Corporation.

John W. Harbin, King & Spalding LLP, of Atlanta, Georgia, argued for defendant-appellee L-3 Communications Corporation. With him on the brief were Charles A. Pannell, III and Richard W. Miller. Of counsel on the brief was John H. Horne, Adorno & Yoss, LLC, of Atlanta, GA.

Opinion for the court filed by Circuit Judge MOORE. Opinion dissenting-in-part filed by Circuit Judge MAYER.

MOORE, Circuit Judge.

Honeywell International, Inc. and Honeywell Intellectual Properties, Inc. (collectively, Honeywell) appeal from a final judgment of the U.S. Court of Federal Claims. The Court of Federal Claims held that the government infringed independent claim 2 of the patent-in-suit but that this claim is invalid. The Court of Federal Claims also held that Honeywell lacks standing on its claim for just compensation under the Invention Secrecy Act and that...

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